Civil Procedure Code, 1908, Order 21, Rule 89, 90, 106 -- Auction sale - Setting aside - JD contended that he was not aware of decree as trial Court passed ex parte decree against him - However, Advocate was appointed by JD who filed vakalatnama and also filed written statement and counter in petition seeking attachment of property - Even, contention of JD that he was not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Partition suit - Defendant was engaged in treatment of his son who died subsequently - Whenever defendant was free, he participated in proceedings - It cannot be said that defendant remained inactive - Defendant had adequate and sufficient reason for not appearing before Court - Ex parte..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - One `R' was witness to the report of refusal of process server - `R' submitted his affidavit that he never signed on the report - Wife by her statement and other evidence proved that at the time of service of notice she was not living at the given address and no sufficient evidence in..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - S.372 Cr.P.C provides a victim right of preferring an appeal only in cases arising out of a Police report, limited remedy available to such a victim when trial Court acquitted accused, was to prefer a revision u/s 397 Cr.P.C which at best would only result in setting aside acquittal a consequential..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13B -- Ex parte decree of divorce by mutual consent - Setting aside - (i) Petition u/s 13-B of the Act not supported by an Affidavit; (ii) Wife not aware of the filing of petition; (iii) wife has not given her consent for divorce by mutual consent; (iv) wife never appeared before Court; (v)..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9 -- Ex parte decree - Setting aside - Tracking record not conclusive proof of service of summons - Requirements of O.5.R.9 have also to be considered by Court before service of summons upon defendant is held valid...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 424 days in filing application for setting aside ex parte decree - Defendant failed to explain delay by establishing sufficient cause within the meaning of S.5 of Limitation Act - Application for condonation of delay rightly dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Framing of new issues by appellate Court - Matter should have been referred to trial Court to take additional evidence on the issues newly framed and try such issues and return the evidence to it together with findings thereon and reasons thereof - Appellate Court not justified in setting aside the judgment and..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence - Appellate Court should have taken the additional evidence on record or direct trial Court to take such evidence and send it when taken and it could have specified the points to which additional evidence was to be confined - Only for the reason that additional documents had been taken on record, it..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Summons was served, yet wife refused - Wife had knowledge of legal procedure, as she filed three criminal cases against husband - On several dates after summons was served and wife did not remain present, decree of divorce came to be passed after waiting for almost 6..........
